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Minutes

Independent Hearing and Assessment Panel Meeting

7 November 2017, 5:00pm

 

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Independent Hearing and Assessment Panel 7 November 2017

Minutes

 

 

 

PRESENT:                              Hon David Lloyd, QC, Chairman, Mr Trevor Bly, Planning representative, Mr David Johnson, Environmental representative, Ms Susan Robinson, Community representative

 

ALSO PRESENT:                   Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager Development Assessment, Ms Natalie Piggott, Senior Town Planner, Mr Stan Raymont, Town Planner, Mr Michael Stephens, Town Planner, Ms Angela Panich, Panel Secretariat

 

DECLARATIONS OF INTEREST:   Nil

 

WEBCASTING OF COUNCIL MEETING

The Chairperson advised those present that the Meeting was being webcast.

 

Independent Hearing and Assessment Panel Reports

 

s96(2) - 14 Haughton Street, Linley Point 

 

DETERMINATION

 

That pursuant to section 80(1)(b) of the Environmental Planning and Assessment Act 1979, the Independent Hearing and Assessment Panel refuse to modify the development consent of Development Application DA42/2015 for the conversion of a roof top area to a trafficable terrace with privacy screening along the western edge on Lot 1, DP 15192 known as 14 Haughton Street, Linley Point for the following reasons.

 

The applicant provided amended plans to Council on 3 November reducing the size of the proposed roof terrace (Plan Nos DA04, DA09, DA10, DA11 Issue G).  The following determination has regard to the amended proposal.

 

1.  The proposed modification would result in an unreasonable loss of views from the adjoining property at 18 Haughton Street, Linley Point. 

 

Particulars

a.         The view impacted is of the Lane Cove River including the land water interface with the principal foreshore areas of Riverview and Longueville.

b.         The view is gained from only the principal living area of 18 Haughton Street and can be enjoyed from both a seated and standing position.

c.         Water views that include the land water interface are valuable.

d.         As proposed the views of the Lane Cove River and land water interface would be lost from both a seated and standing position.

e.         Given the uninterrupted panoramic views available to the applicant over two levels of east facing terraces, the erosion of the remaining view of 18 Haughton Street would not be consistent with the principles of View Sharing.

f.          The existing dwelling house at present under construction already causes significant view loss from adjoining properties.

 

2.  The proposed modification is inconsistent with the objectives of the zone.

 

Particulars

a.         LCLEP 2009 identifies the subject property of 14 Haughton Street and the affected adjoining property of 18 Haughton Street as R2 Low Density Residential.

b.         The relevant objective of the R2 Low Density Residential zone is:

 

“To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area”

 

c.         The proposed modification would fail to retain the existing amenity of the adjoining dwelling house in regards to views. 

 

3.  The proposed modification would result in an unreasonable loss of privacy for adjoining properties.

 

Particulars

a.         The proposed terrace area is elevated by at least one storey.

b.         The proposed terrace would result in an undue loss of acoustic and visual privacy to adjoining properties as gatherings would be likely to occur on the terrace which would allow sound to propagate uninhibited by screening, vegetation, or similar.

 

 

The decision of the Panel was unanimous

 

 

22A Wood Street, Lane Cove West

 

DETERMINATION

 

That pursuant to section 80(1)(a) of the Environmental Planning and Assessment Act 1979, the Independent Hearing and Assessment Panel grants development consent to:

·    Development Application DA 105/2017

·    For the construction of a first floor addition to the existing dwelling house

·    On 22A Wood Street, Lane Cove West

 

subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with drawing numbers 7833/17-1E, 2E, 3E, 4E, 5E, 6E, 7E, 8E dated 20-07-17, Site and Context Analysis Plan, Site Stormwater Drainage Control Plan all by Cape Cod Australia;  except as amended by the following conditions.

 

2.         (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

3.         (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

4.         Prior to the issuance of a Construction Certificate, amended plans are to be submitted to the certifier demonstrating that the proposed window on the western elevation of bedroom 4 is to be of fixed obscured glazing and non-openable to a height of 1.5 metres above the Finished Floor Level (FFL) of the first floor slab.

 

5.         (11)  The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

6.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

7.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

8.         (35)  All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.

 

9.         (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

10.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

11.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

12.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)      the name, address and telephone number of the Principal Certifying Authority;

b)      the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)      a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

13.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

14.       (51) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or willfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

 

15.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)      The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

b)      Framework including roof and floor members when completed and prior to covering.

c)      Installation of steel beams and columns prior to covering.

d)      Waterproofing of wet areas.

e)      Stormwater drainage lines prior to backfilling.

f)       Completion.

 

16.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         Upper level floor framing.

 

17.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

18.       (72) The demolition works being confined within the boundaries of the site.

 

19.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

 

20.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

21.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

22.       (130)  Compliance with the Waste Management Plan submitted along with the application.

 

23.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

24.       (141) Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

25.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

Rural Fire Service Conditions

 

The NSW Rural Fire Service was contacted seeking advice regarding bush fire protection for this property for Land Use Application in accordance with Section 79BA of the ‘Environmental Planning and Assessment Act 1979’.  The Service has provided the following recommended conditions:

 

26.       Asset Protection Zones

 

            The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame     contact with a building.  To achieve this, the following conditions shall apply:

 

            1.         At the commencement of building works, and in perpetuity, the entire property shall     be managed as an Inner Protection Area (IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

 

27.       Water and Utilities

 

            The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.  To achieve this, the following conditions        shall apply:

 

            2.         The provision of all new water, electricity and gas services shall comply with Section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

 

28.       Design and Construction

 

            The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack.  To achieve this, the following conditions shall apply:

 

            3.         The entire roof and all new construction on the southern and western elevations of    the proposed second storey addition shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

 

            4.         New construction on the northern and eastern elevations of the proposed second storey addition shall comply with Section 3 and Section 7 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ or NASH Standard (1.7.14 – updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and Section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

 

29.       Landscaping

 

            5.         Landscaping within the site is to comply with the principles of Appendix 5 of                         ‘Planning for Bush Fire Protection 2006’.

 

General Advice – consent authority to note

 

The requirement to construct to BAL 40 standards is based on the proposed works being setback approximately 27 metres to a 1015 degree downslope forest hazard to the southwest and approximately 35 metres to a 510 degree downslope forest hazard to the west.  It should be noted that the elevated nature of the proposed works mean that considerations taken into account in previous assessments on the site, such as shielding, do not apply to this proposal.

 

General Engineering Conditions

 

30.    (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

31.    (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

 

32.    (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

33.    (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

34.    (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

 

35.    (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

36.    (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

Engineering conditions to be complied with prior to Construction Certificate

 

37.    (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management. The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate. Where an existing element does not comply with current standards the subject element is to be replaced. Where the existing system does not comply with Part O, Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.

 

38.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

39.    (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering condition to be complied with prior to Occupation Certificate

 

40.    (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

·    Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

 

The decision of the Panel was unanimous.

 

 

164 Longueville Road Lane Cove

 

DETERMINATION

 

Pursuant to the provisions of Section 80(3) of the Environmental Planning and Assessment Act, 1979, the Independent Hearing and Assessment Panel grants Consent to Development Application DA132/2017 for the Upgrade of Community Centre with internal alterations and external works on Lot 178 DP 1083542  known as 164 Longueville Road, Lane Cove subject to the following conditions:

 

GENERAL

 

1.      That the development be strictly in accordance with the following plans (stamped approved by Council) and support documents except as amended by the following conditions:

 

Plan Title/Number

Author

Date

A3.00, A3.16 & A3.20 to A3.26.1  Rev A

A3001 to 3006, 319 Rev B

AriiSmits

16.02.16

 

2.      The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

3.      Building Code of Australia. All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

4.      Energy Efficiency (Commercial Development). The fittings, fixtures and materials installed in association with the development (including but not limited to hot water systems, ceiling/roof insulation, shower heads, toilet cisterns and the like) shall comply with the requirements of Council’s DCP. Details are to be noted on the plans submitted with the Construction Certificate

 

5.      Hours of Work.  All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

            A Notice/Sign showing permitted working hours and types of work permitted during those             hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.

 

6.      Design and Construction Standards.  All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Requirements for Engineering Works and relevant  Development  Control  Plans  except  as amended by other conditions

 

7.      Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees.  Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.

 

8.      Noise.  The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

9.      Preservation of Trees and Vegetation. Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

 

10.    Materials on Roads and Footpaths.  A separate application shall be made to Council’s Urban Services Division for approval, including payment of relevant fees, for the placement  of building waste containers, skips and or storage of material on the roadway or footpath.  The roadway or footpath is not to be occupied or used for storage until such application is approved. 

 

DEMOLITION

 

11.    Security Fencing.  The site is to be properly fenced to prevent access of unauthorised persons outside of working hours in accordance with SafeNSW.

 

12.    Demolition Compliance.  Compliance with Australian Standard 2601 - The Demolition of Structures.

 

13.    Site Boundary.  The demolition works are to be confined within the boundaries of the site.

 

14.    Asbestos.  The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. 

 

15.    Waste management plan. Demolition material must be managed in accordance with the approved waste management plan.

 

16.    Disposal of demolition waste. All demolition waste must be transported to a facility or place that can lawfully be used as a waste facility for those wastes.

 

17.    Completion of Demolition Works.  All demolition works are to be completed within a period of three (3) months from the date of commencement.

 

PRIOR TO CONSTRUCTION CERTIFICATE

 

18.    Long Service Levy.  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

19.    Council infrastructure damage bond: The applicant shall lodge with Council a $3,000.00 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgment of this bond is required prior to the issue of a Construction Certificate.

 

20.    Sydney Water.  The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

21.    Structural Engineer Details.  Structural Engineer's details must be submitted prior to the issue of a Construction Certificate for the following:-

 

a)         reinforced concrete work;

b)         structural steelwork;

 

22.    Structural Engineer's Certificate.  A Structural Engineer's Certificate is to be submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted prior to the issue of a Construction Certificate.

 

23.    Fire Safety Schedule.  A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved prior to the issue of a Construction Certificate.

 

PRIOR TO COMMENCEMENT OF CONSTRUCTION

 

24.    Site Signage.  Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

 

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

25.    Permit to Stand Plant.  An application shall be made to Council's Open Space & Urban Services Division for permit to stand plant (eg. Cranes, Cherry Picker, Concrete Pump etc). The permit is issued by Lane Cove Council in accordance with provisions of the Local Government Act. The application shall be obtained from Council’s Customer Service and the relevant fee shall be paid to Council prior to the commencement of works on the site. 

 

26.    Public Utility Relocation. If any public services are to be adjusted as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development.  Any such work being carried out at the applicant’s cost and prior to the commencement of works.

 

DURING CONSTRUCTION

 

27.    Storage of Materials. Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

28.    Storage of Materials in Public Domain.  Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

29.    Removal of Debris.  All spillage deposited on the footpaths or roadways to be removed at the completion of each days’ work

 

30.    Pedestrian Access Maintained. Pedestrian access, including disabled and pram access,  is to be maintained throughout the course of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

31.    Concrete Truck Cleaning.  The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

32.    Staged Inspections.  Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         All reinforcement prior to filling with concrete.

b)         Framework including roof and floor members when completed and prior to covering.

c)         Installation of steel beams and columns prior to covering

d)         Waterproofing of wet areas

e)         Completion.

 

33.    Removal of Debris at Completion.  The site is to be cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

PRIOR TO OCCUPATION

 

34.    Occupation of Building.  An Occupation Certificate must be obtained from the Principal Certifying Authority before the occupation of the building (where applicable).

 

OPERATIONAL

 

35.    Community Courtyard Use.  The communal courtyard at street level shall be used for community functions subject to the following restrictions:

 

-     Any function or event held ancillary to the community centre use shall be held during the ordinary hours of operation of the centre not later than 11.00pm seven days a week.

 

 

The decision of the Panel was unanimous

 

 

2-20 Rosenthal Avenue, Lane Cove

 

DETERMINATION

 

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent DA 47/2017 granted on  13 June 2017 for early works program consisting of demolition of all existing structures, removal of all trees, site preparation including excavation and construction of retaining walls on 2-20 Rosenthal Avenue, Lane Cove is amended by the Independent Hearing and Assessment Panel, in the following manner:

 

By amending condition 9 to read:

 

9.         (35) Working Hours

 

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-

 

Monday to Friday (inclusive)         7am to 5.30pm  High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1 hour break.

 

Saturday                                        7am to 4pm.  High noise generating activities, including rock breaking and saw cutting must be carried out in accordance with a noise management plan endorsed by Council prior to works commencing provided that no high noise generating activities including rock picking, saw cutting to be permitted after 2pm.  A rest period shall be provided between 9.30am – 10am and between 12 noon and 2pm when no high noise generating activities are permitted.

 

Sunday                                          No work Sunday or any Public Holiday.

 

A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.

 

 

That the endorsed Noise Management Plan be attached to the development consent and be accessible to public and businesses at the CBD

 

 

The decision of the Panel was unanimous.

 

The meeting closed at 6.40pm.

 

 

********* END OF MINUTES *********